Assets beyond means case: LHC restrains NAB from arresting Hamza for 10 days

LAHORE: Though the Lahore High Court (LHC) on Monday granted pre-arrest bail to opposition leader in Punjab Assembly, Hamza Shahbaz, for 10 days, the accountability watchdog summoned him for Wednesday (tomorrow).

The court also restrained the National Accountability Bureau (NAB) from arresting Hamza in a case pertaining to accumulating assets beyond means.

Fearing arrest by NAB, Hamza had filed a petition in the high court seeking pre-arrest bail. The court issued notice to NAB and instructed Hamza to submit surety bonds worth Rs10 million.

The entire drama unfolded after a NAB team conducted a raid for Hamza's arrest and wasentangled in a five-hour-long standoff with his private security guards and supporters at his Model Town residence on Saturday.

It was the second attempt in 24 hours that NAB had gone to his residence for his arrest. However, the deadlock ended after the LHC barred the bureau from arresting the PML-N leader and granted him protective bail until April 18.

Hamza was represented by Advocate Azma Nazir Tarar and Amjad Pervez before the bench. A team of Bureau's legal experts was also present in the courtroom. The petition was heard by a two-member LHC bench comprising Justice Malik Shahzad Ahmed Khan and Justice Mirza Vaqas Rauf.

Pakistan Muslim League-N (PML-N) workers held a demonstration at the LHC with banners and placards in their hands, inscribed with slogans in Hamza’s favour. Presence of a large number of PML-N workers in the court also annoyed the head of the bench. Justice Khan remarked: "Why have so many people been called here today. What is all this?"

Hamza replied that he had not called the party workers. "It is highly inappropriate. If such sloganeering continues, it will lower the dignity of the court,” Justice Rauf added.

Leading Hamza’s legal team, Advocate Azam Nazir Tarar stated that the petitioner was the opposition leader in Punjab Assembly, and NAB had attempted to arrest him without any prior notice. “If NAB has any evidence, then it should be presented, and we will respond,” the counsel added.

The court inquired from the NAB prosecutors under which cases they wanted to arrest Hamza. They responded that three cases were under investigation against the PML-N leader including Ramzan Sugar Mills, Saaf Pani and assets beyond means.

“We want to arrest Hamza in assets beyond known sources of income case, while arrest warrants have not been issued in Saaf Pani and Ramzan Sugar Mills case,” the prosecutors stated. Tarar told the court that Hamza had been granted bail by the LHC in the Ramzan Sugar Mills case on Nov 20 last year, and had ordered that a 10-day notice be given prior to his arrest.

He pointed out that 10-day time period had been given so that they could secure bail from the appropriate forum. He said that NAB had raided Hamza's house without a warning, and added that the PML-N leader wanted to secure pre-arrest bail so that he can appear before NAB.

Defending attempts to arrest Hamza, NAB's lawyer said that the Supreme Court had given a verdict which said the accountability bureau was not required to give a 10-day notice. According to SC verdict, NAB could arrest an accused without notice if it had solid incriminating material against him, he added.

He added that illegal transactions had taken place in Hamza's accounts. The bureau had gathered irrefutable evidence against him and his arrest was important, he said.

"The purpose of the arrest is to ensure that the record does not disappear at the behest of Hamza," he said, adding that the PML-N leader's bail request should be rejected. Justice Khan said high court respected the SC order. But apparently the SC verdict and Hamza’s case seemed to be entirely different.

The court adjourned hearing until April 17 to hear detailed arguments from both sides. Heavy security was in place for the hearing. A large number of police contingent had encircled the LHC building, causing problems for the litigants and commuters.

On Monday, NAB again summoned Hamza Shahbaz for April 10 to question him in assets beyond known sources of income and money-laundering investigations against him and his father Shahbaz Sharif.

Moreover, opposition leader in National Assembly Shahbaz Sharif is also due to appear before the NAB on Tuesday (today) in the said probe. The NAB, in its call-up notice, had directed Shahbaz to bring details of his inheritance received from his father Mian Mohammad Sharif.

Moreover, details of assets owned by his spouses, including the year, cost of acquisition/construction and sources of funds, sources of foreign remittances of Rs112,291,307 received in 2009-10 by his wife Nusrat and details of all foreign assets bought/sold owned by Shahbaz, including the year, cost of acquisition, title documents and sources of funds, have also been sought by NAB.

NAB has directed Shahbaz to provided details of all gifts given to family members. The notice also required the PML-N president to provide details of houses and plots gifted to spouses located at Whispering Pines resort, Mauza Makhnial, Tehsil Hasilpur, including the title documents and details of vehicles received as gifts as declared in the Election Commission of Pakistan.